52080-52090
EDUCATION CODE
SECTION 52080-52090
52080. This chapter shall be known and may be cited as the Morgan-Hart Class Size Reduction Act of 1989. 52081. The following entities shall not be eligible to participate in the Program to Reduce Class Size in Two Courses in Grade 9: (a) County boards of education. (b) County superintendents of schools. 52082. Except as otherwise provided by subdivisions (a) and (b) of Section 52081, any school district that maintains grade 9, may apply to the Superintendent of Public Instruction for an apportionment to implement a Program to Reduce Class Size in Two Courses in Grade 9. 52084. A school district's application to implement a program pursuant to this chapter shall comprise the following: (a) Certification that the grade 9 course or the two grade 9 courses included in the program count toward completion of the graduation requirements established in subparagraph (A), (B), (C), or (D) of paragraph (1) of subdivision (a) of Section 51225.3; provided, however, that one of the courses included in the program shall be English. (b) Certification of the number of grade 9 classes included in the program in the courses designated pursuant to subdivision (a). (c) Certification that the classes identified pursuant to subdivision (b) in each participating school shall on the average have no more than 20 pupils per certificated teacher and no more than 22 pupils in any participating class. (d) Certification of pupil enrollment in each class designated pursuant to subdivision (b), as determined pursuant to regulations authorized pursuant to subdivision (h). For purposes of this subdivision, the enrollment figure shall exclude both of the following: (1) The number of special education pupils enrolled in special day classes on a full-time basis. (2) The number of pupils enrolled in necessary small schools that receive funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24. (e) The district's certification shall include a statement that implementation of a class size reduction program pursuant to this chapter has not adversely affected existing class size in courses not referenced in this chapter. (f) While it is the intent of the Legislature that this program not increase the need for additional classroom facilities, a school district may utilize any funds apportioned pursuant to Section 52086 for the purpose of leasing additional classroom space in order to reduce overcrowded classroom conditions and to reduce pupil-to-teacher ratios. (g) Any program that includes classes in grade 10, 11, or 12 and that was funded before June 30, 1998, shall continue to be funded for those other classes unless the school district elects to eliminate that program. A school district that elects to continue to operate a class size reduction program in grades 10 to 12, inclusive, shall be eligible to receive one hundred sixty-five dollars ($165) per pupil certified pursuant to this chapter as it read on July 1, 1998, adjusted annually commencing with the 2000-01 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1, except that total funding shall not exceed the amount received by the school district for the program for grades 10 to 12, inclusive, in the 1997-98 fiscal year. (h) The Superintendent of Public Instruction shall recommend, and the State Board of Education shall adopt, regulations for the implementation of this chapter no later than October 17, 1998. (i) The Controller shall include instructions appropriate to the enforcement of the provisions of this chapter in the audit guide required by subdivision (a) of Section 14502. 52086. (a) The Superintendent shall apportion to each applicant district an amount equal to one hundred sixty-five dollars ($165) per unit of full-year equivalent enrollment reported pursuant to subdivision (d) of Section 52084 if the district certifies an average class size of 20 pupils and no more than 22 pupils in each participating class at each participating school, adjusted annually commencing with the 2000-01 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1. (b) Funds apportioned pursuant to this section shall not become part of a district's revenue limit, and shall be identified as a separate item of expenditure on any financial reports filed by school districts with the state pursuant to statute or regulation. (c) Notwithstanding any other provision of this chapter, a school district located in the County of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, or Ventura may claim funding pursuant to this chapter for the 2007-08 school year based upon enrollment counts before the October 2007 fires, for classes in which the Program to Reduce Class Size in Two Courses in Grade 9 is implemented if the following criteria are met: (1) The school district submits a "Request for Allowance of Attendance because of Emergency Conditions" to the Superintendent pursuant to Section 46392 and the emergency conditions were caused by the October 2007 fires. (2) The school district certifies that it suffered a loss of enrollment in classes in which the Program to Reduce Class Size in Two Courses in Grade 9 is implemented and this loss of enrollment is due to the October 2007 fires and would result in a decrease in funding that the district receives pursuant to this chapter. 52090. In any fiscal year, if the funds appropriated for the purposes of this chapter by the Budget Act are insufficient to fully fund the program pursuant to the formula established in Section 52086, the Superintendent of Public Instruction shall apportion the available funds on a pro rata basis by applying a deficit factor to the apportionment calculated for each applicant district pursuant to Section 52086.